The genuineness evaluation will not apply to all Tier 2 visa applications but will target those cases where the Home Office has doubts about a vacancy. The Home Office has not yet announced factors considered to determine if the genuineness assessment is necessary.
Tier 2 visa applications can now be denied where there are reasonable grounds to believe that:
- The job does not genuinely exist;
- The job has been exaggerated to meet the skills threshold;
- The applicant is not qualified to do the job; or
- The job has been tailored to exclude UK workers.
Tier 2 visas are open to skilled workers from outside the European Economic Area and Switzerland who have a UK sponsoring employer.
Ban on Hours and Salary Reductions
UK companies may no longer reduce sponsored employees’ hours or lower their salary below £20,500 for the purposes of decreasing operating costs and reducing layoffs. The provision allowing such reductions was introduced in 2009 in response to the economic downturn.
What This Means for Employers and Foreign Nationals
Employers sponsoring Tier 2 visa applications in the UK may face an additional genuineness review and potential delays in processing times as the new assessment is incorporated into visa application processing.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
© 2009 - 2015 © Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.
Explore more at Fragomen
Media mentions
Partner K. Edward Raleigh commented on proposed changes to US entry requirements.
Video
Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area.
Media mentions
Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.
Blog post
Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.
Media mentions
Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.
Media mentions
Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.
Blog post
IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.
Media mentions
Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.
Media mentions
Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.
Media mentions
Blog post
Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.
Awards
Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.
Media mentions
Partner K. Edward Raleigh commented on proposed changes to US entry requirements.
Video
Business Immigration Consultant Marisa Gizzi from Fragomen explains everything about the Schengen C Visa: who needs it, how to apply and key travel tips to stay compliant in the Schengen Area.
Media mentions
Partner Rick Lamanna discussed Canada’s $1B plan to attract global researchers.
Blog post
Manager Alex Hood, Senior Associate Kimberley Ong and Immigration Paralegal Ataa Rajput explain the final extension and settlement deadlines for UK Tier 1 Investor visa holders and outline who can still qualify and why early action is essential.
Media mentions
Partner K. Edward Raleigh on how the $100K H‑1B fee factors into hiring international talent.
Media mentions
Managing Director Magdalene Tennant and Director Kitty Lo highlight Hong Kong as an attractive destination for global investors.
Blog post
IPM Business Process Manager Hazel Yaman outlines key visa, work authorisation and border considerations for athletes, media, event staff and spectators travelling to Italy for the Milan–Cortina 2026 Olympic and Paralympic Winter Games, including the impact of the EU’s new Entry/Exit System.
Media mentions
Corporate Services Director Elena Caron highlights key considerations for UK nationals moving to the UAE.
Media mentions
Associates Charlotte Roberts and Karina Casey highlight how the UK’s earned settlement proposal may influence global talent and HR planning.
Media mentions
Blog post
Associate Alejandro Hernandez analyses new F and J visa screening practices, including social media vetting by US consulates and proposed DHS changes that could significantly alter admission periods for students and exchange visitors.
Awards
Fragomen Ireland is accredited with IBEC’s KeepWell Mark™, recognizing the practice’s commitment to wellbeing, inclusion and responsible business.